Amendment SSA1-SB93

SB93-SSA1, s. 58 Section 58. 941.232 of the statutes is created to read:

SB93-SSA1,29,3 941.232 Carrying a weapon at certain locations. (1) In this section:

SB93-SSA1,29,4 (a) "Carry" means to go armed with.

SB93-SSA1,29,6 (b) "Weapon" means a handgun, an electric weapon, a knife other than a switchblade knife under s. 941.24, or a billy club.

SB93-SSA1,29,9 (2) (a) Except as provided in par. (b), any person other than a law enforcement officer who knowingly carries a weapon or a firearm that is not a weapon into any of the following places is guilty of a Class C misdemeanor:

SB93-SSA1,29,11 1. Any portion of a building that is a police station, sheriff's office, or state patrol station.

SB93-SSA1,29,12 2. A prison, jail, house of correction, or secured correctional facility.

SB93-SSA1,29,13 3. A county, state, or federal courthouse.

SB93-SSA1,29,14 4. A place beyond a security checkpoint in an airport.

SB93-SSA1,29,15 (b) The prohibitions under par. (a) do not apply to any of the following:

SB93-SSA1,29,17 1. A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a).

SB93-SSA1,29,20 2. A weapon in a courthouse if a judge is carrying the weapon or if another individual, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.

SB93-SSA1,29,22 3. A weapon in a courthouse if a district attorney, or an assistant district attorney, is carrying the weapon.

SB93-SSA1,30,2 (3) (a) Except as provided in par. (b), an employer may prohibit an employee from carrying a concealed weapon or a particular type of concealed weapon in the course of the employee's employment or during any part of the course of the employee's employment.

SB93-SSA1,30,8 (b) An employer may not prohibit an employee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the employee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB93-SSA1,30,11 (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under par. (a) is immune from any liability arising from its decision.

SB93-SSA1, s. 59 Section 59. 941.235 of the statutes is repealed.

SB93-SSA1, s. 60 Section 60. 941.237 of the statutes is repealed.

SB93-SSA1, s. 61 Section 61. 941.295 of the statutes is repealed.

SB93-SSA1, s. 62 Section 62. 941.299 (1) (a) of the statutes is amended to read:

SB93-SSA1,30,18 941.299 (1) (a) "Correctional officer" has the meaning given in s. 941.237 (1) (b) means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.

SB93-SSA1, s. 63 Section 63. 943.13 (1e) (a) of the statutes is renumbered 943.13 (1e) (ar).

SB93-SSA1, s. 64 Section 64. 943.13 (1e) (aL) of the statutes is created to read:

SB93-SSA1,30,21 943.13 (1e) (aL) "Carry" means to go armed with.

SB93-SSA1, s. 65 Section 65. 943.13 (1e) (cm) of the statutes is created to read:

SB93-SSA1,30,24 943.13 (1e) (cm) "Nonresidential building" includes any privately or publicly owned building on the grounds of a university or college.

SB93-SSA1, s. 66 Section 66. 943.13 (1m) (b) of the statutes is amended to read:

SB93-SSA1,31,4 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to an individual if the owner's or occupant's intent is to prevent the individual from carrying a firearm on the owner's or occupant's land.

SB93-SSA1, s. 67 Section 67. 943.13 (1m) (c) of the statutes is created to read:

SB93-SSA1,31,15 943.13 (1m) (c) 1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm. In this subdivision, "residence," with respect to a single-family residence, includes the residence building and the parcel of land upon which the residence building is located, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.

SB93-SSA1,31,23 2. While carrying a firearm, enters or remains in any part of a nonresidential building that the actor does not own or occupy after the owner of the building, if that part of the building has not been leased to another person, or the occupant of that part of the building has notified the actor not to enter or remain in that part of the building while carrying a firearm. This subdivision does not apply to a part of a building occupied by the state or one of its political subdivisions or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building used as a parking facility.

SB93-SSA1,32,6 3. While carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 941.232 (2) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building or part of the building while carrying a firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB93-SSA1, s. 68 Section 68. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

SB93-SSA1,32,12 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

SB93-SSA1,32,21 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.

SB93-SSA1, s. 69 Section 69. 943.13 (2) (bm) of the statutes is created to read:

SB93-SSA1,32,25 943.13 (2) (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 8.5 inches by 11 inches and colored orange as described in s. 29.301 (2).

SB93-SSA1,33,6 2. For the purposes of sub. (1m) (c) 2., an owner or occupant of a part of a nonresidential building has notified an individual not to enter or remain in that part of the building while carrying a firearm if the owner or occupant has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign.

SB93-SSA1,33,12 3. For purposes of sub. (1m) (c) 3., the state or a local governmental unit has notified an individual not to enter or remain in a part of the building while carrying a firearm if the state or local governmental unit has posted a sign that is located in a prominent place near all of the entrances to that part of the building to which the restriction applies and individual entering the building can be reasonably expected to see the sign.

SB93-SSA1, s. 70 Section 70. 943.13 (3) of the statutes is amended to read:

SB93-SSA1,33,17 943.13 (3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) (am) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

SB93-SSA1, s. 71 Section 71. 943.13 (6) of the statutes is created to read:

SB93-SSA1,33,21 943.13 (6) A person that does not, under this section, prohibit an individual who is carrying a firearm from entering or remaining on property that the person owns or occupies is immune from any liability arising from its decision.

SB93-SSA1, s. 72 Section 72. 946.71 of the statutes is created to read:

SB93-SSA1,33,25 946.71 Unlawful use of optional license for carrying concealed weapons. (1) In this section, "license" means an optional license issued under s. 175.60 (2) or (9r).

SB93-SSA1,34,1 (2) Whoever does any of the following is guilty of a Class A misdemeanor:

SB93-SSA1,34,3 (a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.

SB93-SSA1,34,5 (b) If the actor holds a license, intentionally sells or lends the license to any other individual or knowingly permits another individual to use the license.

SB93-SSA1,34,6 (c) Intentionally represents as one's own any license not issued to him or her.

SB93-SSA1,34,8 (d) If the actor holds a license, intentionally permits any unlawful use of that license.

SB93-SSA1,34,10 (e) Intentionally reproduces by any means a copy of a license for a purpose that is prohibited under this subsection.

SB93-SSA1,34,11 (f) Intentionally defaces or intentionally alters a license.

SB93-SSA1, s. 73 Section 73. 947.01 of the statutes is renumbered 947.01 (1).

SB93-SSA1, s. 74 Section 74. 947.01 (2) of the statutes is created to read:

SB93-SSA1,34,17 947.01 (2) Unless other facts and circumstances apply, a person is not in violation of, and may not be charged with a violation of, sub. (1) for loading, carrying, or going armed with a firearm without regard to whether the firearm is loaded or is concealed or openly carried.

SB93-SSA1, s. 75 Section 75. 947.011 (2) (a) 1. of the statutes is amended to read:

SB93-SSA1,34,21 947.011 (2) (a) 1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance to a facility being used for the service with the intent to disrupt the service.

SB93-SSA1, s. 76 Section 76. 947.011 (2) (c) 1. of the statutes is amended to read:

SB93-SSA1,34,24 947.011 (2) (c) 1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance to a facility being used for the service.

SB93-SSA1, s. 77 Section 77. 947.011 (2) (d) of the statutes is amended to read:

SB93-SSA1,35,2 947.011 (2) (d) No person may impede vehicles that are part of a funeral procession if the person's conduct violates s. 947.01 (1).

SB93-SSA1, s. 78 Section 78. 948.60 (1) of the statutes is amended to read:

SB93-SSA1,35,12 948.60 (1) In this section, "dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (4); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.

SB93-SSA1, s. 79 Section 79. 948.605 (1) (a) and (am) of the statutes are repealed.

SB93-SSA1, s. 80 Section 80. 948.605 (2) (a) of the statutes is amended to read:

SB93-SSA1,35,19 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone in or on the grounds of a school is guilty of a Class I felony. Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is within 1,000 feet of the grounds of a school is subject to a Class B forfeiture.

SB93-SSA1, s. 81 Section 81. 948.605 (2) (b) (intro.) of the statutes is amended to read:

SB93-SSA1,35,22 948.605 (2) (b) (intro.) Paragraph (a) does not apply to the possession of a firearm by any of the following:

SB93-SSA1, s. 82 Section 82. 948.605 (2) (b) 1. to 5. and 7. of the statutes are repealed.

SB93-SSA1, s. 83 Section 83. 948.605 (2) (b) 1m. and 1r. of the statutes are created to read:

SB93-SSA1,36,2 948.605 (2) (b) 1m. An individual who possesses the firearm in accordance with 18 USC 922 (q) (2) (b) (i), (iii), (iv), (v), (vi), or (vii).

SB93-SSA1,36,4 1r. Except if the individual is in or on the grounds of a school, a licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

SB93-SSA1, s. 84 Section 84. 948.605 (2) (b) 6. of the statutes is amended to read:

SB93-SSA1,36,7 948.605 (2) (b) 6. By a law enforcement officer or A state-certified commission warden acting in his or her official capacity; or.

SB93-SSA1, s. 85 Section 85. 948.605 (2) (b) 8. of the statutes is renumbered 948.605 (2) (b) 3m. and amended to read:

SB93-SSA1,36,12 948.605 (2) (b) 3m. By a person An individual who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).

SB93-SSA1, s. 86 Section 86. 968.255 (1) (a) 2. of the statutes is amended to read:

SB93-SSA1,36,15 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, or 948.61.

SB93-SSA1, s. 87 Section 87. 971.37 (1m) (a) 2. of the statutes is amended to read:

SB93-SSA1,36,23 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of s. 940.19, 940.20 (1m), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 and the conduct constituting the violation involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child.

SB93-SSA1, s. 88 Section 88. 973.055 (1) (a) 1. of the statutes is amended to read:

SB93-SSA1,37,6 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125; and

SB93-SSA1, s. 89 Section 89. 973.137 (1) of the statutes is repealed.

SB93-SSA1, s. 90 Section 90.0 Nonstatutory provisions.

SB93-SSA1,37,17 (1) Using the procedure under section 227.24 of the statutes, the department of justice shall promulgate rules required under section 165.25 (12) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.

SB93-SSA1, s. 91 Section 91. Effective dates. This act takes effect on the day after publication, except as follows:

SB93-SSA1,37,23 (1) The treatment of sections 20.455 (2) (gs), 165.60, 165.82 (1) (intro.), 175.60 (except 175.60 (2m) and (5)), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 938.396 (2g) (n), and 946.71 of the statutes takes effect on the first day of the 4th month beginning after publication.

SB93-SSA1,37,24 (End)